White Mountain Power Co. v. Maine Central Railroad

This is a companion case of White Mountain Power Co. v. Whitaker, 106 N. H. 436, decided this day. As to such of the facts and issues as are similar, it will not be necessary to discuss them here at length.

In substance, the defense rests its appeal upon three issues: (1) The Commission had no power to condemn the defendant’s property which is already devoted to public use. (2) The necessity for routing the transmission line along the railroad right of way was not established. (3) The scope of the permanent easement granted the plaintiff will unduly “hamper, restrict and endanger the operation…